End User Terms of Use
Last updated: September 14, 2026
These End User Terms and Conditions and all other legal documents incorporated by reference (collectively, the “Terms”) set forth the legal contract between you as an end user, whether you are accessing the Services (defined below) in your individual capacity or as a duly authorized manager, recruiter, administrator, or other representative of a Customer (herein referred to as “User,” “you,” or “your”), and the Company. “Company” means (i) Apploi Corp., with respect to your receipt of Apploi-branded or Apploi-provided Services, or (ii) Viventium Software, Inc. or Viventium HCM, LLC, as applicable, with respect to your receipt Viventium-branded or Viventium-provided Services. References to “we,” “us,” or “our” mean the applicable Company. Each Company is responsible only for the Services it provides. The employer, prospective employer, staffing organization, payroll client, or other organization that permits you to access and use the Services or on whose behalf the Services are provided is referred to as the “Customer.”
These Terms set forth your rights and obligations with respect to your access to and use of our products and services through our websites, hosted application pages, web-based applications, mobile applications, portals, and related software, materials, functionality, and content, whether accessed by computer, mobile device, tablet, or other technology (collectively, the “Services”). The Customer may be party to a pricing agreement, statement of work, ordering document, master agreement, service level agreement, data processing agreement, or other service agreement with Company (collectively, the “Customer Agreement”). These Terms govern your individual access to and use of the Services and do not amend the Customer Agreement or give you rights under the Customer Agreement.
BY ACCEPTING THESE TERMS, CLICKING “I ACCEPT” OR A SIMILAR BUTTON, CREATING OR REGISTERING AN ACCOUNT, OR ACCESSING OR USING THE SERVICES AFTER BEING PRESENTED WITH THESE TERMS, YOU ACKNOWLEDGE AND REPRESENT TO US THAT YOU (i) ACCEPT AND AGREE TO BE BOUND BY THESE TERMS; (ii) ARE AT LEAST 13 YEARS OLD AND HAVE LEGAL CAPACITY TO ENTER INTO THESE TERMS OR, IF YOU ARE UNDER THE AGE OF MAJORITY, HAVE ANY PARENTAL OR GUARDIAN CONSENT OR AUTHORIZATION REQUIRED BY APPLICABLE LAW; AND (iii) AGREE TO COMPLY WITH ALL LAWS, REGULATIONS, AND CUSTOMER POLICIES APPLICABLE TO YOU AND YOUR USE OF THE SERVICES.
If you accept these Terms on behalf of another individual, you represent that you are legally authorized to do so and to bind that individual to these Terms. If you access the Services on behalf of a Customer, you represent that the Customer has authorized your access and that you will act only within the scope of that authorization.
Some Services, features, integrations, or tools may be subject to additional terms, notices, consents, authorizations, or policies that we provide or make available when you use them.
1. Registered Users
1.1. Certain Services may require you to create an account, or the applicable Customer may create or enable an account for you. When an account is established, you may be required to use a username or email address (“User ID”), password, authentication code, or other credentials to access the Services (your User ID, password, credentials, and account information collectively, your “Account”). Your Account may be affiliated with a Customer, and Company may provide access to you at the direction of that Customer. You are solely responsible for maintaining the confidentiality and security of your Account and agree not to share your Account (including any credentials) with any unauthorized third party. You agree to use a unique password that you have not used on another website or mobile application and not to reuse your Services password elsewhere. You are responsible for activity conducted through your Account to the extent resulting from your acts, omissions, or failure to safeguard your credentials. Company may require additional information to access or use particular Services, and any eligibility requirements applicable to a particular Service may be presented in connection with that Service.
1.2. You are required to notify Company or the applicable Customer immediately if you become aware that your Account is being used without authorization. You agree not to register an Account on behalf of another individual unless you are authorized to do so. Individuals whose access to the Services has previously been terminated by Company may not register for a new Account or designate another individual to use an Account on their behalf without Company’s permission. You expressly permit Company and its authorized contractors and service providers to access your Account as reasonably necessary to provide support, investigate or diagnose actual or potential defects or technical problems, audit or secure the Services, investigate security risks or fraud, or comply with applicable law. If Company identifies or suspects security risks or fraudulent activity associated with your Account, you and, where applicable, the Customer agree to reasonably cooperate in investigating and resolving the issue.
1.3. You agree to register using your real name and to provide truthful and accurate information. You represent that information you provide as part of registration is true, accurate, current, and complete, and you agree to maintain and promptly update such information as appropriate. If Company reasonably believes that information is materially untrue, inaccurate, not current, or incomplete, Company may deny, suspend, or terminate your access to the Services or any applicable license to the Services.
1.4. Only authorized users are permitted to access or use the Services. Unauthorized third-party access is prohibited, including access using another User’s or Customer’s Account to copy, obtain, aggregate, scrape, monetize, or otherwise use information within the Services without Company’s express authorization, regardless of any purported consent by the account holder that is inconsistent with the Customer’s authorization or these Terms.
2. Services; Customer Relationship; No Professional Advice.
2.1. The Services may facilitate recruiting, employment applications, onboarding, scheduling, workforce management, human resources, payroll, benefits administration, compliance, communications, or related activities. You acknowledge and agree that Company does not provide legal, regulatory, tax, financial, accounting, employment, benefits, or other professional advice to you. Certain Services, components, or integrations may be provided by third parties, and your use of those third-party services may be subject to separate terms, conditions, notices, or authorizations. Information, calculations, content, communications, or outputs available through the Services are provided for informational or operational purposes and should not be used as a substitute for advice from qualified professional counsel or other advisers. Company does not guarantee any particular employment, payroll, benefits, tax, compliance, or other result or outcome from use of the Services.
2.2. Certain Services or features may be subject to service-specific operating procedures, documentation, instructions, additional terms, notices, or authorizations made available by Company or the applicable Customer from time to time. Such service-specific terms govern the applicable feature to the extent they expressly conflict with these Terms.
2.3. You acknowledge and understand that Company generally makes the Services available to you in connection with a Customer and is not your employer, prospective employer, staffing agency, investment adviser, broker-dealer, insurance agent, financial planner, benefits adviser, tax adviser, or other professional adviser. The Customer, and not Company, is responsible for its employment and workforce decisions; the content of its job postings, applications, policies, benefits, payroll instructions, and employment-related communications; and determining which Company Services and settings it enables for its Users.
3. Accurate Information and Review of Output
3.1. Company provides the Services based in part on information supplied by you, the Customer, and third parties. You are responsible for the accuracy and completeness of information you provide directly to the Services. Company generally does not independently verify the accuracy or completeness of information submitted by you, a Customer, or a third party unless expressly stated otherwise. You agree to promptly update or notify the appropriate Customer or Company contact of material changes to information you have provided where such update is necessary for the applicable Service.
3.2. Any calculations, estimates, summaries, scores, rankings, recommendations, models, projections, or other outputs provided by the Services may be based on information supplied by you, the Customer, or third parties and may be estimates or informational outputs only. You and, where applicable, the Customer are responsible for reviewing such outputs before relying on them for any material decision.
3.3. To the extent applicable to your use of the Services, you agree to promptly review reports, records, documents, notices, and similar outputs made available to you for accuracy and completeness and to promptly notify the Customer or Company, as appropriate, of material discrepancies or issues that need to be addressed.
3.4. You understand and agree that, except to the extent applicable law independently imposes an obligation on Company with respect to Company’s own processing or conduct, the Customer is responsible for (i) notifying or informing you of relevant Customer policies, practices, settings, or choices that may affect the Customer’s use or processing of your data through the Services; (ii) obtaining any permission, authorization, or consent that the Customer is legally required to obtain from you; (iii) ensuring that the Customer’s collection, transfer, use, and other processing of your data through the Services is lawful; (iv) making and administering employment, recruiting, payroll, benefits, scheduling, or other workforce decisions; and (v) responding to disputes between you and the Customer concerning the Customer’s decisions, records, or use of your data.
4. General Restrictions on Use
4.1. In connection with your use of the Services you agree not to:
4.1.1. use (including make any copies of) the Services or documentation beyond the scope of the license granted;
4.1.2. reverse engineer, decompile, disassemble or otherwise create, attempt to create or derive the source code underlying the Services;
4.1.3. rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Services, or any features or functionality of the Services, to any third party for any reason, whether or not over a network or on a hosted basis, including in connection with the internet or any web hosting, wide area network (WAN), virtual private network (VPN), virtualization, time-sharing, service bureau, software as a service, cloud, or other technology or service;
4.1.4. use the Services or documentation for purposes of competitive analysis, the development of a competing software product or service, or any other purpose intended to commercially disadvantage Company;
4.1.5. use or combine any data, including on an aggregated, anonymized or de-identified basis, to create any benchmarking, analytics or other reports and materials for publication or display outside of your internal business purposes or for commercial exploitation;
4.1.6. develop, support or use software, devices, scripts, robots or any other means or processes (including crawlers, browser plugins and add-ons or any other technology) to scrape the Services or otherwise copy profiles and other data from the Services;
4.1.7. extract data from the Services for use outside of the Services or as part of any data aggregation service;
4.1.8. attempt to probe, scan or test the vulnerability of the Services or to breach the security or authentication measures of the Services;
4.1.9. circumvent or manipulate any applicable access restriction, fee structure, billing process, or amounts owed to Company or a third-party provider;
4.1.10. use the Services for unauthorized purposes, illegal purposes, or for promotion of dangerous activities;
4.1.11. forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted or received;
4.1.12. upload, post, email, transmit or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
4.1.13. violate any applicable local, state, federal, national, or international law, rule, or regulation, or use the Services for any fraudulent activity or purpose, including attempting to impersonate another person or entity or falsely stating, misrepresenting, or concealing your affiliation with another person or entity;
4.1.14. to the extent the Services enable payments or funds transfers, use the Services to send payments directly or indirectly to or for the benefit of any person or entity in violation of applicable U.S. economic sanctions or other applicable restrictions administered by the U.S. government;
4.1.15. stalk, harass, abuse, defame, harm, discriminate unlawfully against, or otherwise infringe or violate the rights of another party;
4.1.16. use the Services to provide unlawful material support or resources to any person or organization where prohibited by applicable law;
4.1.17. interfere with, disrupt, or burden the Services or servers or networks, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;
4.1.18. generate unsolicited email advertisements, chain letters, junk mail, or spam or allow, enable, or otherwise support the transmission of spam or other mass unsolicited, commercial advertising or solicitations via e-mail;
4.1.19. attempt to gain unauthorized access to the Services, other accounts, computer systems, or networks connected to the Services through hacking, password mining, phishing or any other means, obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services or use any materials or information obtained through any means not intentionally made available through the Services;
4.1.20. upload, post, email, transmit, distribute, or otherwise make available any material that contains viruses, malicious code, or other technologies that may harm Company, the Services, or the interests, information, or property of Users, Customers, or others, or limit the functionality of the Services.
5. Access to the Services
5.1. You agree to take any and all actions necessary to maintain the privacy, confidentiality and security of your Account, including, without limitation, safeguarding your User ID and password and any related credentials or user authentication information for account access in a private and secure place to ensure only authorized access to your Account, adopting special precautions when accessing the Services from a computer that is available for use by other users and logging out of the Services at the end of each session.
5.2. Subject to the applicable Customer having a Customer Agreement with Company in good standing, where applicable, Company grants you a personal, non-exclusive, non-transferable, revocable, limited license to access and use the Services solely for your own authorized use or, if you are an authorized representative of a Customer, for the Customer’s internal business purposes, in each case subject to these Terms and the Customer Agreement. You may not allow any unauthorized third party to copy, modify, create a derivative work from, decompile, reverse engineer, reverse assemble, or otherwise attempt to discover source code; sell, assign, sublicense, grant a security interest in; or otherwise transfer any right in or access to the Services. No commercial use or redistribution of the Services, materials, or information contained on or offered through the Services is permitted except as expressly authorized by Company or the Customer Agreement.
5.3. As a condition of your use of the Services, you agree that you will not use the Services for any purpose that is unlawful or prohibited by these Terms. Access to and use of password protected and/or secure area of the Services is restricted. Unauthorized access to such areas is prohibited.
6. Third-Party Sites
6.1. The Services may contain links to, integrate with, or contain material from websites, applications, products, or services that are not under Company’s control (“Third-Party Services”). Third-Party Services may be provided as a convenience or enabled by the Customer and may be subject to separate terms and privacy policies. Company does not control and, except to the extent otherwise required by law or expressly agreed in writing, is not responsible for the acts, omissions, content, accuracy, availability, security, or data practices of Third-Party Services. You are responsible for reviewing and complying with terms applicable to any Third-Party Service you choose or are directed to use.
6.2. Company prohibits unauthorized links to the Services, embedding all or part of the Services in another site, and framing information contained on the Services without Company’s authorization. Company reserves the right to disable unauthorized links or frames and is not responsible for material on third-party websites that may link to the Services.
7. Feedback
7.1. If you voluntarily submit comments, suggestions, ideas, evaluations, or other feedback about the Services (“Feedback”), Company may use, disclose, reproduce, license, or otherwise use that Feedback without restriction or obligation to you. Feedback does not include personal information, applicant information, employee records, payroll information, or other User Data merely because such information is included in a support request or communication.
8. Privacy
8.1. In the course of accessing or using the Services, Company may obtain information about you, or you may provide personal information through the Services. Personal information processed through the Services is subject to the privacy policy of the Company providing the applicable Services (the “Privacy Policy”), as updated from time to time. For Apploi Services, the Privacy Policy is available at https://apploi.com/privacy_policy/. For Viventium Services, the Privacy Policy is available at https://viventium.com/privacy-policy/. Please review the applicable Privacy Policy for information concerning how Company collects, uses, discloses, retains, and otherwise processes personal information. Your acceptance of these Terms acknowledges the applicable Privacy Policy but does not waive any privacy right or constitute consent where applicable law requires a separate, specific, voluntary, or revocable consent.
8.2. You understand and acknowledge that information submitted or made available through the Services may be visible to the Customer and its authorized representatives depending on the Services, the Customer’s configuration and permissions, and your relationship with the Customer. The Customer may also enable Third-Party Services or direct disclosures to authorized third parties, which may result in information being shared with such third parties and subject to their terms or privacy policies. The Customer’s authorized actions may result in access, use, correction, deletion, disclosure, retention, or modification of information, subject to the Customer Agreement and applicable law.
9. Security
9.1. The security of information transmitted over the internet can never be guaranteed. You agree to use reasonable safeguards to secure and keep confidential your Account credentials and any confidential or personal information accessible through your Account. You are responsible for unauthorized use arising from your failure to safeguard your Account or credentials to the extent permitted by applicable law. If you believe or suspect that your Account or credentials have been accessed or compromised, you must promptly notify Company or the Customer. Company may suspend or prevent access to the Services if Company reasonably believes an Account or credential has been compromised or poses a security risk.
10. Electronic Communications
10.1. Communications between you and Company may use electronic means, including through the Services, email, push notification, or other electronic channels. For contractual purposes, you (a) consent to receive these Terms and other account, service, security, transactional, administrative, and legally permitted communications from Company in electronic form; and (b) agree that electronic records and communications provided by Company satisfy any requirement that such communications be in writing to the extent permitted by law. The foregoing does not affect any non-waivable right or any separate consent requirement imposed by applicable law.
10.2. Company or the Customer may offer communications by SMS or text message in connection with certain Services, including authentication codes, account or security notices, application, interview, scheduling, onboarding, payroll, workforce, service, or support communications. Message frequency may vary and standard message and data rates may apply. Where applicable law requires consent for a category of calls or text messages, that consent will be obtained separately. Acceptance of these Terms does not, by itself, constitute consent to receive marketing calls or texts, automated telemarketing communications, or any other communication for which applicable law requires separate consent.
10.3. You represent that any telephone number you provide is a number you are authorized to use and at which you are permitted to receive communications. You agree to promptly update the Customer or Company if you stop using a telephone number associated with your Account. Company, the Customer, and their authorized service providers may use the communication methods authorized by you or otherwise permitted by law. Any separate opt-in, consent, or authorization presented for a particular communication program governs that program.
11. Disclaimer of Warranties; Warranties of User
11.1. THE SERVICES AND ALL INFORMATION, CONTENT, AND MATERIALS RELATED TO THE FOREGOING ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OR GUARANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, NON-INTERFERENCE, SYSTEM INTEGRATION, AND ACCURACY OF DATA. COMPANY AND/OR ITS THIRD-PARTY SUPPLIERS OR LICENSORS DO NOT WARRANT THAT THE SERVICES, CONTENT, OR MATERIALS AVAILABLE ON OR THROUGH THE SERVICES WILL BE ACCURATE, CURRENT, ERROR-FREE, VIRUS-FREE, RELIABLE, OR APPROPRIATE FOR ANY PARTICULAR USE; THAT THE SERVICES WILL BE AVAILABLE ON AN UNINTERRUPTED AND ERROR-FREE BASIS; OR THAT DEFECTS WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY. TO THE EXTENT PERMITTED BY LAW, YOU ARE RESPONSIBLE FOR MAINTAINING COPIES OF INFORMATION IMPORTANT TO YOU. COMPANY IS NOT THE PROVIDER OF, AND MAKES NO WARRANTIES WITH RESPECT TO, THIRD-PARTY SERVICES OR OFFERINGS.
11.2. NO REPRESENTATION OR WARRANTY IS MADE THAT THE SERVICES PROVIDE COMPREHENSIVE OR ACCURATE INFORMATION OR THAT ANY AUTOMATED, AI-ASSISTED, CALCULATED, SUMMARIZED, SCORED, RANKED, OR OTHER OUTPUT IS COMPLETE, ERROR-FREE, OR APPROPRIATE FOR USE WITHOUT REVIEW. COMPANY RESERVES THE RIGHT TO FILTER, MODIFY, CORRECT, OR REMOVE CONTENT, INFORMATION, OR OTHER MATERIAL FROM THE SERVICES UNLESS PROHIBITED BY LAW OR THE CUSTOMER AGREEMENT. COMPANY MAY PERIODICALLY ADD, CHANGE, IMPROVE, OR UPDATE THE SERVICES AND RELATED DOCUMENTATION. YOUR USE OF THE SERVICES IS AT YOUR OWN RISK TO THE EXTENT PERMITTED BY LAW.
11.3. You represent and warrant that you: (a) are authorized to access and use the Services; (b) have legal capacity and authority to enter into these Terms and perform your obligations under them; (c) will not knowingly use the Services in violation of law or a contractual obligation binding on you; and (d) will provide materially accurate and complete instructions and information when using the Services.
12. Ownership of the Services and Data
12.1. As between you and Company, Company and/or its vendors, suppliers, and licensors, as applicable, retain all right, title, and interest in and to the Services and all documentation, materials, and tools provided by Company, as well as all intellectual property and other proprietary rights in or to the foregoing, including modifications, enhancements, upgrades, and updates.
12.2. The Services are protected by copyright, trademark, trade secret, and other intellectual property laws. Individual works or content appearing on or accessible through the Services may be owned by or licensed to Company or its content providers and are likewise protected. You must abide by copyright notices, information, and restrictions contained in or displayed on the Services. Names, logos, distinctive features, source identifiers, and other materials displayed on the Services, including their “look and feel,” may constitute trademarks, trade names, service marks, trade dress, or logos (“Marks”) of Company or other entities. Marks not owned by Company are the property of their respective owners. Except as expressly authorized, you may not use such Marks or copy, modify, distribute, transmit, publicly perform, display, sell, rent, license, or create derivative works from copyrighted material made available through the Services.
12.3. Except for the rights expressly licensed to you under these Terms, no rights in or to the Services or any documentation, materials, or tools provided by Company are granted, transferred, licensed, or assigned to you, whether by implication, estoppel, or otherwise, and all such rights are expressly reserved to Company and its licensors.
12.4. Notwithstanding anything to the contrary in these Terms, Company will own all right, title, and interest in and to the following (collectively, “Performance Data”): (a) technical, operational, diagnostic, security, telemetry, and performance data regarding the provision, operation, or use of the Services; and (b) aggregated or deidentified data derived from use of the Services, provided that such data does not identify and cannot reasonably be used to identify any User, individual, or Customer. Performance Data excludes User Data (as defined below) in identifiable form. Company may use and disclose Performance Data for lawful business purposes, including to operate, secure, support, analyze, benchmark, improve, and develop the Services, subject to applicable law and the Customer Agreement.
13. Limitation of Liability
13.1. USE OF THE SERVICES IS AT YOUR OWN RISK. TO THE EXTENT PERMITTED BY LAW, IN NO EVENT WILL COMPANY, ITS LICENSORS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, OR SPECIAL DAMAGES, WHETHER OR NOT SUCH DAMAGES WERE FORESEEABLE AND EVEN IF COMPANY WAS ADVISED THAT SUCH DAMAGES WERE POSSIBLE.
13.2. TO THE EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE AGGREGATE LIABILITY OF COMPANY, ITS LICENSORS, OR AFFILIATES TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICES EXCEED FIVE HUNDRED U.S. DOLLARS (U.S. $500.00). YOU ACKNOWLEDGE THAT THIS LIMITATION OF LIABILITY IS AN ESSENTIAL TERM RELATING TO THE PROVISION OF THE SERVICES TO YOU. COMPANY WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY SOLELY FOR TERMINATION OR SUSPENSION OF YOUR AUTHORIZED ACCESS TO THE SERVICES OR DELETION OF YOUR ACCOUNT OR CONTENT IN ACCORDANCE WITH THESE TERMS, THE CUSTOMER AGREEMENT, OR APPLICABLE LAW. THE FOREGOING LIMITATIONS DO NOT APPLY TO LIABILITY THAT CANNOT LAWFULLY BE EXCLUDED OR LIMITED.
13.3. WITHOUT LIMITING THE FOREGOING, TO THE EXTENT PERMITTED BY LAW, COMPANY, ITS LICENSORS, AND AFFILIATES WILL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING INTERNET, COMPUTER, TELECOMMUNICATIONS, OR POWER FAILURES; LABOR DISPUTES; CIVIL DISTURBANCES; FIRES; FLOODS; STORMS; EPIDEMICS OR PANDEMICS; GOVERNMENTAL ACTION; WAR; TERRORISM; CYBERATTACKS; ACTS OF GOD; OR NON-PERFORMANCE OF THIRD PARTIES.
14. Termination
14.1. Termination. Your right to access or use the applicable Services will automatically terminate when you are no longer authorized to access or use those Services, including, as applicable, upon termination or expiration of the Customer’s applicable Services; termination or change of your relationship with the Customer to the extent that relationship is required for access; the Customer’s revocation of your access; or your material breach of these Terms. Termination of your access does not require deletion of information that Company or the Customer is permitted or required to retain under the Customer Agreement, the Privacy Policy, or applicable law, and Company retains any rights that expressly survive termination under these Terms.
14.2. Company Termination Rights. Without limiting other remedies, Company may limit, suspend, or terminate your access to all or part of the Services where reasonably necessary because of an actual or suspected violation of these Terms, a Customer request, termination or suspension of the applicable Customer Agreement, a security or fraud concern, legal or regulatory requirements, or protection of the Services, Company, Customers, Users, or others. Company will not be liable solely for a suspension or discontinuance permitted by these Terms, subject to applicable law.
14.3. Effects of Termination. Termination of these Terms or your access to the Services will not affect rights or obligations arising before termination or provisions that by their nature are intended to survive termination.
15. Transmission of Data
15.1. You acknowledge that transmission of information over the internet involves inherent security risks. Data transmitted through the Services (including personal information) may be accessed and processed by Company, its affiliates, contractors, service providers, and authorized third parties in the United States or other jurisdictions in accordance with the applicable Privacy Policy, the Customer Agreement, applicable law, and, where applicable, at the direction of the Customer. Your use of the Services does not constitute consent to any processing for which applicable law requires a separate, specific consent.
16. User Data and Submissions
16.1. Subject to the applicable Privacy Policy and Customer Agreement, information, communications, documents, materials, and other content that you submit, upload, enter, create, transmit, or otherwise make available through the Services are referred to as “User Data.” As between you and Company, you retain any ownership or other rights you may have in your User Data. You grant Company and its affiliates, contractors, and service providers a non-exclusive, worldwide, royalty-free right to host, copy, store, process, transmit, display, format, validate, modify solely as technically necessary, and otherwise use User Data to (i) provide, maintain, secure, improve, support, and administer the Services; (ii) perform Company’s obligations to and at the direction of the applicable Customer; (iii) complete transactions or actions requested by you or the Customer; (iv) prevent fraud, abuse, or unauthorized access; (v) comply with applicable law, legal process, or governmental requirements; and (vi) exercise Company’s rights under these Terms. Company’s rights in User Data are subject to the applicable Privacy Policy, Customer Agreement, and applicable law and do not authorize Company to sell or commercially exploit identifiable applicant, employee, payroll, or other personal information except as expressly permitted by those documents and applicable law.
16.2. Company does not undertake to actively monitor all User Data or exercise editorial control over it. Company may, however, monitor, review, preserve, restrict, or remove User Data or other activity when reasonably necessary to operate or secure the Services, investigate suspected violations or misuse, respond to a Customer request, enforce these Terms, or comply with applicable law.
16.3. You are responsible for retaining copies of documents or information that you are legally required to retain or that are important to you, except to the extent Company or the Customer has expressly agreed to maintain such records for you.
17. General Terms
17.1. Modifications to Terms. Company may change these Terms from time to time to reflect changes in the Services, applicable law, security practices, or business operations. Company will post or otherwise make the updated Terms available and will revise the “Last updated” date. Company will provide reasonable notice of material changes through the Services, by email, or by another appropriate method. Where applicable law requires affirmative acceptance of a change, Company will request such acceptance. Otherwise, your continued use of the Services after the effective date of the updated Terms constitutes acceptance of the updated Terms. A change to these Terms will not retroactively authorize a materially different use of personal information where applicable law requires additional notice or consent. Certain Services or features may also be subject to additional terms, and those additional terms will govern the applicable Service or feature to the extent of a conflict.
17.2. Modifications to Services. Company may modify, update, replace, suspend, or discontinue all or part of the Services, unless prohibited by the Customer Agreement or applicable law. If your access to a particular Service is discontinued, your right to use that Service will end. Company will not be liable solely for a modification, suspension, or discontinuance permitted under these Terms, subject to applicable law.
17.3. Disputes. These Terms will be subject to and construed in accordance with the laws of the State of New York, excluding its conflict-of-law rules, except to the extent mandatory law of another jurisdiction applies and cannot lawfully be waived. If the applicable Company is Apploi Corp., any claim or dispute between you and Company arising out of these Terms or the Services must, to the extent permitted by law, be resolved exclusively in a state or federal court located in New York County, New York. If the applicable Company is Viventium Software, Inc. or Viventium HCM, LLC, any such claim or dispute must, to the extent permitted by law, be resolved exclusively in a state or federal court located in Kings County, New York. You and Company consent to the personal jurisdiction of the applicable courts. This section does not restrict any right to submit a complaint to a governmental agency or pursue a remedy that applicable law does not permit you to waive.
17.4. Compliance with Laws. You agree to comply with laws, rules, regulations, and Customer policies that apply to your own access to and use of the Services. The Services may assist a Customer or User with administrative or compliance-related activities, but (a) the Services are not a substitute for Customer’s and User’s own legal or regulatory obligations and (b) Company does not guarantee that use of the Services will satisfy every legal or regulatory obligation applicable to you or the Customer. Except to the extent applicable law imposes an obligation directly on Company, you are responsible for determining and complying with legal and regulatory obligations applicable to your own conduct. Unless otherwise permitted by Company or the applicable Customer Agreement, the Services are intended for use only in the United States.
17.5. Assignment. Your rights and obligations under these Terms will be binding upon and inure to the benefit of you and Company and their respective successors and permitted assigns. You may not assign, transfer, delegate, or sublicense your rights or obligations under these Terms without Company’s prior written consent. Any attempted assignment in violation of this section is void. Company may assign its rights and obligations under these Terms, in whole or in part, to an affiliate or successor, including in connection with a merger, reorganization, financing, acquisition, or sale of all or substantially all of the applicable business or assets. These Terms do not confer third-party beneficiary rights on any other person or entity.
17.6. Entire Terms. These Terms, together with the applicable Privacy Policy and any separate terms, notices, consents, or authorizations expressly incorporated or presented in connection with a Service or feature, constitute the entire agreement between you and Company concerning your individual access to and use of the Services. The Customer Agreement separately governs the relationship between Company and the Customer. No waiver of any provision by Company is a continuing waiver, and Company’s failure to enforce a right or provision does not waive that right or provision. If any provision is held invalid or unenforceable, it will be enforced to the maximum extent permitted and the remaining provisions will remain in effect. Sections 2, 3, 4, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, and 17, and any other provisions that by their nature should survive, will survive termination. To the extent permitted by law, any claim or cause of action arising solely under these Terms or relating to your use of the Services must be filed within one year after the claim arose; this contractual limitation does not apply to a claim or right for which applicable law prohibits shortening the limitations period.